Maryland 2025 Regular Session

Maryland Senate Bill SB439 Compare Versions

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33 EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
44 [Brackets] indicate matter deleted from existing law.
5- Underlining indicates amendments to bill.
6- Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7-amendment.
85 *sb0439*
96
107 SENATE BILL 439
118 F2, P2 5lr2188
12- CF HB 1054
9+ CF 5lr2939
1310 By: Senator Lam (By Request – Joint Audit and Evaluation Committee)
1411 Introduced and read first time: January 21, 2025
1512 Assigned to: Finance and Education, Energy, and the Environment
16-Committee Report: Favorable with amendments
17-Senate action: Adopted
18-Read second time: February 24, 2025
1913
20-CHAPTER ______
14+A BILL ENTITLED
2115
2216 AN ACT concerning 1
2317
2418 Higher Education – High Impact Economic Development Activities – Alterations 2
2519
2620 FOR the purpose of altering the definition of “high impact economic development activity” 3
2721 to exclude cost savings related to the reduction in the number of University System 4
28-of Maryland or Morgan State University employees; requiring the Board of Regents 5
29-of the University System of Maryland and the Board of Regents of Morgan State 6
30-University to report certain information relating to high impact economic 7
31-development activities; repealing the authorization for an official or employee of a 8
32-public institution of higher education to be a certain employee of an entity supporting 9
33-a high impact economic development activity; making high impact economic 10
34-development activity entities subject to State procurement law; and generally 11
35-relating to the University System of Maryland and Morgan State University. 12
22+of Maryland employees; requiring the Board of Regents of the University System of 5
23+Maryland to report certain information relating to high impact economic 6
24+development activities; repealing the authorization for an official or employee of a 7
25+public institution of higher education to be a certain employee of an entity supporting 8
26+a high impact economic development activity; making high impact economic 9
27+development activity entities subject to State procurement law; and generally 10
28+relating to the University System of Maryland. 11
3629
37-BY repealing and reenacting, with amendments, 13
38- Article – Education 14
39-Section 12–104.1 and 12–113(c) 12–104.1, 12–113(c), and 14–104.1 15
40- Annotated Code of Maryland 16
41- (2022 Replacement Volume and 2024 Supplement) 17
30+BY repealing and reenacting, with amendments, 12
31+ Article – Education 13
32+Section 12–104.1 and 12–113(c) 14
33+ Annotated Code of Maryland 15
34+ (2022 Replacement Volume and 2024 Supplement) 16
4235
43-BY repealing and reenacting, without amendments, 18
44- Article – Education 19
45-Section 12–113(a) 20
46- Annotated Code of Maryland 21
47- (2022 Replacement Volume and 2024 Supplement) 22
36+BY repealing and reenacting, without amendments, 17
37+ Article – Education 18
38+Section 12–113(a) 19
39+ Annotated Code of Maryland 20
40+ (2022 Replacement Volume and 2024 Supplement) 21
41+
42+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 22
43+That the Laws of Maryland read as follows: 23
44+
45+Article – Education 24
46+
47+12–104.1. 25
4848 2 SENATE BILL 439
4949
5050
51- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
52-That the Laws of Maryland read as follows: 2
51+ (a) (1) In this section, “high impact economic development activity” means an 1
52+initiative, transaction, or other undertaking by the University System of Maryland or one 2
53+of its constituent institutions to create or facilitate: 3
5354
54-Article – Education 3
55+ [(1)] (I) 20 or more new jobs in the State of Maryland; 4
5556
56-12–104.1. 4
57+ [(2)] (II) The award or completion of at least $1,000,000 in externally 5
58+funded research or other projects; 6
5759
58- (a) (1) In this section, “high impact economic development activity” means an 5
59-initiative, transaction, or other undertaking by the University System of Maryland or one 6
60-of its constituent institutions to create or facilitate: 7
60+ [(3)] (III) The establishment or relocation of one or more new companies to 7
61+be registered or incorporated in the State and doing business in the State; 8
6162
62- [(1)] (I) 20 or more new jobs in the State of Maryland; 8
63+ [(4)] (IV) The production of at least $1,000,000 of annual gross revenue; 9
6364
64- [(2)] (II) The award or completion of at least $1,000,000 in externally 9
65-funded research or other projects; 10
65+ [(5)] (V) The licensing and potential commercialization of a promising 10
66+new technology or other product; or 11
6667
67- [(3)] (III) The establishment or relocation of one or more new companies to 11
68-be registered or incorporated in the State and doing business in the State; 12
68+ [(6)] (VI) An academic program to meet workforce demand in a 12
69+documented labor shortage field. 13
6970
70- [(4)] (IV) The production of at least $1,000,000 of annual gross revenue; 13
71+ (2) “HIGH IMPACT DEVELOPME NT ACTIVITY” DOES NOT INCLUDE 14
72+COST SAVINGS RELATED TO T HE REDUCTION IN THE NUMBER OF UNIVERSITY 15
73+EMPLOYEES. 16
7174
72- [(5)] (V) The licensing and potential commercialization of a promising 14
73-new technology or other product; or 15
75+ (b) To promote the economic interests of the State as mandated in §§ 10–205(c) 17
76+and 15–107 of this article, the University System of Maryland shall utilize its powers as a 18
77+public corporation established in § 12–104 of this subtitle to undertake high impact 19
78+economic development activities that support: 20
7479
75- [(6)] (VI) An academic program to meet workforce demand in a 16
76-documented labor shortage field. 17
80+ (1) Job creation and workforce development; 21
7781
78- (2) “HIGH IMPACT DEVELOPME NT ACTIVITY” DOES NOT INCLUDE 18
79-COST SAVINGS RELATED TO THE RED UCTION IN THE NUMBER OF UNIVERSITY 19
80-EMPLOYEES. 20
82+ (2) Technology transfer, commercialization, and entrepreneurship; and 22
8183
82- (b) To promote the economic interests of the State as mandated in §§ 10–205(c) 21
83-and 15–107 of this article, the University System of Maryland shall utilize its powers as a 22
84-public corporation established in § 12–104 of this subtitle to undertake high impact 23
85-economic development activities that support: 24
84+ (3) Increased sponsored research funding and other revenues. 23
8685
87- (1) Job creation and workforce development; 25
86+ (c) In order for an activity to qualify as a high impact economic development 24
87+activity: 25
8888
89- (2) Technology transfer, commercialization, and entrepreneurship; and 26
89+ (1) The president of a constituent institution, or the president’s designee, 26
90+shall forward a request to the Chancellor for certification that the activity meets the criteria 27
91+defined in subsection (a) of this section; and 28
9092
91- (3) Increased sponsored research funding and other revenues. 27
92-
93- (c) In order for an activity to qualify as a high impact economic development 28
94-activity: 29
93+ (2) The Chancellor, or the Chancellor’s designee, shall notify the Board of 29
94+Regents and the Board of Public Works of any certified activity for review. 30
9595 SENATE BILL 439 3
9696
9797
98- (1) The president of a constituent institution, or the president’s designee, 1
99-shall forward a request to the Chancellor for certification that the activity meets the criteria 2
100-defined in subsection (a) of this section; and 3
98+ (d) (1) Notwithstanding any other provision of law, for any high impact 1
99+economic development activity within the scope of § 5–310 or § 10–305 of the State Finance 2
100+and Procurement Article, the Board of Regents shall be fully responsible for administering 3
101+the review and comment process prescribed in those sections. 4
101102
102- (2) The Chancellor, or the Chancellor’s designee, shall notify the Board of 4
103-Regents and the Board of Public Works of any certified activity for review. 5
103+ (2) In administering the review and comment process prescribed in §§ 5
104+5–310 and 10–305 of the State Finance and Procurement Article, the Board of Regents shall 6
105+include in that process the appropriate legislative committees and units of State 7
106+government, which may include: 8
104107
105- (d) (1) Notwithstanding any other provision of law, for any high impact 6
106-economic development activity within the scope of § 5–310 or § 10–305 of the State Finance 7
107-and Procurement Article, the Board of Regents shall be fully responsible for administering 8
108-the review and comment process prescribed in those sections. 9
108+ (i) Committees of the General Assembly; 9
109109
110- (2) In administering the review and comment process prescribed in §§ 10
111-5–310 and 10–305 of the State Finance and Procurement Article, the Board of Regents shall 11
112-include in that process the appropriate legislative committees and units of State 12
113-government, which may include: 13
110+ (ii) The Board of Public Works; 10
114111
115- (i) Committees of the General Assembly; 14
112+ (iii) The Maryland Historic Trust; 11
116113
117- (ii) The Board of Public Works; 15
114+ (iv) The Department of Planning; 12
118115
119- (iii) The Maryland Historic Trust; 16
116+ (v) The Department of the Environment; and 13
120117
121- (iv) The Department of Planning; 17
118+ (vi) The Department of Natural Resources. 14
122119
123- (v) The Department of the Environment; and 18
120+ (3) The Board of Regents shall adopt policies and procedures to ensure that 15
121+the notice and opportunity for review are conducted in a manner that provides a reasonable 16
122+period to complete while not impairing the institution’s capacity for the expeditious and 17
123+successful pursuit of a high impact economic development activity. 18
124124
125- (vi) The Department of Natural Resources. 19
125+ (e) (1) On or before October 1 of each year, the Board of Regents shall report 19
126+to the Board of Public Works and, in accordance with § 2–1257 of the State Government 20
127+Article, the Senate Finance Committee, the House Economic Matters Committee, the 21
128+Senate Budget and Taxation Committee, and the House Appropriations Committee on the 22
129+high impact economic development activities undertaken under this section during the 23
130+preceding fiscal year. 24
126131
127- (3) The Board of Regents shall adopt policies and procedures to ensure that 20
128-the notice and opportunity for review are conducted in a manner that provides a reasonable 21
129-period to complete while not impairing the institution’s capacity for the expeditious and 22
130-successful pursuit of a high impact economic development activity. 23
132+ (2) THE REPORT REQUIRED U NDER PARAGRAPH (1) OF THIS 25
133+SUBSECTION SHALL INC LUDE: 26
131134
132- (e) (1) On or before October 1 of each year, the Board of Regents shall report 24
133-to the Board of Public Works and, in accordance with § 2–1257 of the State Government 25
134-Article, the Senate Finance Committee, the House Economic Matters Committee, the 26
135-Senate Budget and Taxation Committee, and the House Appropriations Committee on the 27
136-high impact economic development activities undertaken under this section during the 28
137-preceding fiscal year. 29
135+ (I) THE AMOUNT OF STATE OR UNIVERSITY FUNDS USED ON 27
136+EACH HIGH IMPACT ECONOM IC DEVELOPMENT ACTIV ITY DURING THE PRECE DING 28
137+YEAR; 29
138138
139- (2) THE REPORT REQUIRED U NDER PARAGRAPH (1) OF THIS 30
140-SUBSECTION SHALL INC LUDE: 31
139+ (II) THE NET BENEFIT OF EA CH HIGH IMPACT ECONOMIC 30
140+DEVELOPMENT ACTIVITY ; AND 31
141141 4 SENATE BILL 439
142142
143143
144- (I) THE AMOUNT OF STATE OR UNIVERSITY FUNDS USED ON 1
145-EACH HIGH IMPACT ECO NOMIC DEVELOPMENT AC TIVITY DURING THE P RECEDING 2
146-YEAR; 3
144+ (III) WHETHER THE BOARD OF REGENTS BELIEVES THAT EACH 1
145+HIGH IMPACT ECONOMIC DEVELOPMENT ACTIVITY IS IN THE BEST INTEREST OF THE 2
146+STATE. 3
147147
148- (II) THE NET BENEFIT OF EA CH HIGH IMPACT ECONO MIC 4
149-DEVELOPMENT ACTIVITY ; AND 5
148+12–113. 4
150149
151- (III) WHETHER THE BOARD OF REGENTS BELIEVES THAT EACH 6
152-HIGH IMPACT ECONOMIC DEVELOPMENT ACTIVITY IS IN THE BEST INTER EST OF THE 7
153-STATE. 8
150+ (a) Consistent with § 15–107 of this article and any other applicable law, the 5
151+Board of Regents may establish, invest in, finance, and operate businesses or business 6
152+entities when the Board finds that doing so would further one or more goals of the 7
153+University and is related to the mission of the University. 8
154154
155-12–113. 9
155+ (c) (1) Subject to the requirements of this section, an institution may 9
156+establish, invest in, finance, or operate a corporation, foundation, consortium, or other 10
157+entity that is intended to support a high impact economic development activity, as defined 11
158+in § 12–104.1 of this subtitle. 12
156159
157- (a) Consistent with § 15–107 of this article and any other applicable law, the 10
158-Board of Regents may establish, invest in, finance, and operate businesses or business 11
159-entities when the Board finds that doing so would further one or more goals of the 12
160-University and is related to the mission of the University. 13
160+ [(2) Notwithstanding the provisions of §§ 5–501 through 5–504 of the 13
161+General Provisions Article and subject to § 5–525 of the General Provisions Article, an 14
162+official or employee of a public institution of higher education may be a director, official, or 15
163+employee of an entity intended to support a high impact economic development activity, if 16
164+the individual’s participation advances the interests of the institution. 17
161165
162- (c) (1) Subject to the requirements of this section, an institution may 14
163-establish, invest in, finance, or operate a corporation, foundation, consortium, or other 15
164-entity that is intended to support a high impact economic development activity, as defined 16
165-in § 12–104.1 of this subtitle. 17
166+ (3) Division II of the State Finance and Procurement Article does not apply 18
167+to transactions between an entity established, financed, or operated under this subsection 19
168+and the institution or consortium of institutions that established, financed, or operated the 20
169+entity.] 21
166170
167- [(2) Notwithstanding the provisions of §§ 5–501 through 5–504 of the 18
168-General Provisions Article and subject to § 5–525 of the General Provisions Article, an 19
169-official or employee of a public institution of higher education may be a director, official, or 20
170-employee of an entity intended to support a high impact economic development activity, if 21
171-the individual’s participation advances the interests of the institution. 22
171+ [(4)] (2) (i) The Board of Regents shall adopt policies and procedures 22
172+governing the establishment of high impact economic development entities to ensure that 23
173+the institution’s participation in the entity furthers the interests of the institution, the 24
174+University System of Maryland, and the State. 25
172175
173- (3) Division II of the State Finance and Procurement Article does not apply 23
174-to transactions between an entity established, financed, or operated under this subsection 24
175-and the institution or consortium of institutions that established, financed, or operated the 25
176-entity.] 26
176+ (ii) The policies and procedures under subparagraph (i) of this 26
177+paragraph shall include requirements for: 27
177178
178- [(4)] (2) (i) The Board of Regents shall adopt policies and procedures 27
179-governing the establishment of high impact economic development entities to ensure that 28
180-the institution’s participation in the entity furthers the interests of the institution, the 29
181-University System of Maryland, and the State. 30
179+ 1. Recognition of the entity by the Board of Regents; 28
182180
183- (ii) The policies and procedures under subparagraph (i) of this 31
184-paragraph shall include requirements for: 32
181+ 2. An annual audit of the entity by an independent certified 29
182+public accountant; and 30
185183
186- 1. Recognition of the entity by the Board of Regents; 33
184+ 3. Adequate safeguards with regard to conflicts of interest, 31
185+proper contracting practices, and other fundamental ethical and business practice 32
186+standards. 33
187187
188- 2. An annual audit of the entity by an independent certified 34
189-public accountant; and 35 SENATE BILL 439 5
190-
191-
192-
193- 3. THE LEGISLATIVE AUDITOR TO AUDIT ALL 1
194-EXPENDITURES AND ACC OUNTS OF THE ENTITY DURING AN AUDIT COND UCTED 2
195-UNDER § 12–105 OF THIS SUBTITLE AND IN ACCORDANCE WITH §§ 2–1220 THROUGH 3
196-2–1227 OF THE STATE GOVERNMENT ARTICLE; AND 4
197-
198- 4. Adequate safeguards with regard to conflicts of interest, 5
199-proper contracting practices, and other fundamental ethical and business practice 6
200-standards. 7
201-
202-14–104.1. 8
203-
204- (a) (1) In this section, “high impact economic development activity” means an 9
205-initiative, transaction, or other undertaking by Morgan State University to create or 10
206-facilitate: 11
207-
208- [(1)] (I) 20 or more new jobs in the State; 12
209-
210- [(2)] (II) The award or completion of at least $1,000,000 in externally 13
211-funded research or other projects; 14
212-
213- [(3)] (III) The establishment or relocation of one or more new companies to 15
214-be registered or incorporated in the State and doing business in the State; 16
215-
216- [(4)] (IV) The production of at least $1,000,000 of annual gross revenue; 17
217-
218- [(5)] (V) The licensing and potential commercialization of a promising 18
219-new technology or other product; or 19
220-
221- [(6)] (VI) An academic program to meet workforce demand in a 20
222-documented labor shortage field. 21
223-
224- (2) “HIGH IMPACT ECONOMIC DEVELOPMENT ACTIVITY” DOES NOT 22
225-INCLUDE COST SAVINGS RELATED TO THE REDUC TION IN THE NUMBER O F 23
226-UNIVERSITY EMPLOYEES . 24
227-
228- (b) To promote the economic interests of the State as mandated in §§ 10–205(c) 25
229-and 15–107 of this article, the Morgan State University shall utilize its powers as a public 26
230-corporation established in § 14–104 of this subtitle to undertake high impact economic 27
231-development activities that support: 28
232-
233- (1) Job creation and workforce development; 29
234-
235- (2) Technology transfer, commercialization, and entrepreneurship; and 30
236-
237- (3) Increased sponsored research funding and other revenues. 31 6 SENATE BILL 439
238-
239-
240-
241- (c) In order for an activity to qualify as a high impact economic development 1
242-activity: 2
243-
244- (1) The President or the President’s designee shall certify that the activity 3
245-meets the criteria defined in subsection (a) of this section; and 4
246-
247- (2) The President or the President’s designee shall notify the Board of 5
248-Regents and the Board of Public Works of any certified activity for review. 6
249-
250- (d) (1) Notwithstanding any other provision of law, for any high impact 7
251-economic activity within the scope of § 5–310 or § 10–305 of the State Finance and 8
252-Procurement Article, the Board of Regents shall be fully responsible for administering the 9
253-review and comment process prescribed in those sections. 10
254-
255- (2) In administering the review and comment process prescribed in §§ 11
256-5–310 and 10–305 of the State Finance and Procurement Article, the Board of Regents shall 12
257-include in the process the appropriate legislative committees and units of State 13
258-government, which may include: 14
259-
260- (i) Committees of the General Assembly; 15
261-
262- (ii) The Board of Public Works; 16
263-
264- (iii) The Maryland Historical Trust; 17
265-
266- (iv) The Department of Planning; 18
267-
268- (v) The Department of the Environment; and 19
269-
270- (vi) The Department of Natural Resources. 20
271-
272- (3) The Board of Regents shall adopt policies and procedures to ensure that 21
273-the notice and opportunity for review are conducted in a manner that provides a reasonable 22
274-period to complete while not impairing the institution’s capacity for the expeditious and 23
275-successful pursuit of a high impact economic development activity. 24
276-
277- (e) (1) On or before October 1 of each year, the Board of Regents shall report 25
278-to the Board of Public Works and, in accordance with § 2–1257 of the State Government 26
279-Article, the Senate Finance Committee, the House Economic Matters Committee, the 27
280-Senate Budget and Taxation Committee, and the House Appropriations Committee on the 28
281-high impact economic development activities undertaken under this section during the 29
282-preceding fiscal year. 30
283-
284- (2) THE REPORT REQUIRED U NDER PARAGRAPH (1) OF THIS 31
285-SUBSECTION SHALL INC LUDE: 32
286- SENATE BILL 439 7
287-
288-
289- (I) THE AMOUNT OF STATE OR UNIVERSITY FUNDS USED ON 1
290-EACH HIGH IMPACT ECO NOMIC DEVELOPMENT AC TIVITY DURING THE PR ECEDING 2
291-YEAR; 3
292-
293- (II) THE NET BENEFIT OF EA CH HIGH IMPACT ECONO MIC 4
294-DEVELOPMENT ACTIVITY ; AND 5
295-
296- (III) WHETHER THE BOARD OF REGENTS BELIEVES THAT EACH 6
297-HIGH IMPACT ECONOMIC DEVELOPMENT ACTIVITY IS IN THE BEST INTER EST OF THE 7
298-STATE. 8
299-
300- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 9
301-1, 2025. 10
302-
303-
304-
305-
306-Approved:
307-________________________________________________________________________________
308- Governor.
309-________________________________________________________________________________
310- President of the Senate.
311-________________________________________________________________________________
312- Speaker of the House of Delegates.
188+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 34
189+1, 2025. 35